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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0591eng
725 ILCS 5/108-8 from Ch. 38, par. 108-8
Amends the Code of Criminal Procedure of 1963. Provides
that an officer executing a search warrant may make entry
without first knocking and announcing his or her office when
there is a reasonable belief that a weapon will be used
against the officer executing the warrant (now the prior
possession of firearms by an occupant of the building within
a reasonable time period).
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1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 108-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 108-8 as follows:
7 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
8 Sec. 108-8. Use of force in execution of search warrant.
9 (a) All necessary and reasonable force may be used to
10 effect an entry into any building or property or part thereof
11 to execute a search warrant.
12 (b) The court issuing a warrant may authorize the
13 officer executing the warrant to make entry without first
14 knocking and announcing his or her office if it finds, based
15 upon a showing of specific facts, the existence of the
16 following exigent circumstances:
17 (1) That the officer reasonably believes that if
18 notice were given a weapon would be used:
19 (i) against the officer executing the search
20 warrant; or
21 (ii) against another person.
22 (2) That if notice were given there is an imminent
23 "danger" that evidence will be destroyed.
24 Upon a finding by the judge issuing the warrant that any of
25 the following exigent circumstances exist, the judge may
26 order the person executing the warrant to make entry without
27 first knocking and announcing his office:
28 (1) the presence of firearms or explosives in the
29 building in an area where they are accessible to any
30 occupant;
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1 (2) the prior possession of firearms by an occupant of
2 the building within a reasonable period of time;
3 (3) the presence of surveillance equipment, such as
4 video cameras, or alarm systems, inside or outside of the
5 building;
6 (4) the presence of steel doors, wooden planking,
7 crossbars, dogs, or other similar means of preventing or
8 impeding entry into the building.
9 (Source: P.A. 87-522; 87-895.)